European Climate and Clean Energy Law and Policy - Essay Example

Introduction It is important to highlight that this paper delves in the discussion of the energy laws and policies governing the generation of energy and the related impacts that are associated with the process. In this context therefore, there are a set of policies that need to be formulated and later approved to be part of the Energy Policy Act of 2015. While coming up with the policies, all the factors regarding to energy consumption, generation and policy were put into consideration to enable the policies are favorable to all the citizens upon approval by the house and the senate. In formulation therefore, three areas will therefore be considered: the environment, resources as well as the energy itself in terms to conservation (Kim, 2013). The energy Regulation Act With the increment in the amount of energy that is used as the world population grows, it is important to have this kind of regulation so that majority of the companies that are providing energy indulge themselves into the renewable sources of energy and nonrenewable. This will help since these forms of energy do not get exhausted. One factor that is to be regulated when it comes to energy is on the production of various forms of nonrenewable energy that do not have preventive measures to the environment and the consumers in term of their health. This requires the energy generating companies not to have lust for lucrative amounts of money from consumers but also care on the duration that these forms take while being used and their side effects (Elizabeth,Waelde, and Janeth, 2005). 1. The Environmental Protection and Conservation Act It is important for the companies that are producing the various forms of energy to ensure that the kinds of energy that they are producing are environmental friendly and that they do not pose any harm to the surrounding. Proper conservation and management of the environment is quite ideal since it is a habitat to several organisms that are also using the energy. Environmental protection begins with the effects of the energy that is produced itself, the gaseous emissions that are released during the production, and the liquid effluents too. It is also important to consider certain types of energy such as the water that is stored in the reservoir; it should not also pose environmental hazards too. Nobel peace prize winner Wangari Mathai used to say “If you destroy nature, nature will destroy you”. It id therefore in order to try and conserve the environment and all the resources and facilities that are within the environment regardless of the amount that is n the proximity, all count (Kim, 2013). 2. The Resource Use and Conservation Act This is an Act that will ensure that 80% of the sources of Energy that are used and generated in the various energy generating companies and that are consumed by many households are renewable forms of energy. 15% of the materials are those that can be recycled and reused with only 5% of the energy used is nonrenewable. In this act, it can be clearly noted that it tends to advocate for the more use of the renewable sources and forms of energy and highly protects the public from the consumption of the various forms of nonrenewable forms of energy. Resources are described as the solid particles, liquid and gases that occupy a given area without any movement (Kim, 2013). The paper therefore will focus much on the transportation of liquefied natural gas as the major bone of contention with regards to the energy policies of United States. Natural gas. Natural gas is transported using pipelines 26% but the US policy also offers it as long term contact though it is not currently in used. The transportation of natural gas pipelines are pressurized and then sealed off from air. It is also important to note that it has to be liquefied for the transportation to occur. The global trade in the natural gas has increased three times the initial one because of the double of consumption, going by the trend; it can be predicted that the anticipation in the consumption is going to double again in the next fifteen years. The natural gas is quite necessary is it is becoming a substitute in place of oil. In regards to the consumption, clear cases comes to the situation whereby developing countries use more of natural gas as the major source of energy, Europe and the United States of America will have a higher demand for natural gas in the next ten years, India also has shown greater interest in the consumption and also China that consumes 3%. Natural gas reserves are known to large retained and reserved in Russia and Iran holding 45% while 36% is reserved in the Middle East (Kim, 2013). The two largest exporters are Canada and Russia while Europe and US are the largest importers of natural gas. When it comes to transportation, 25% of Europe’s Natural gas are supplied by Russia using pipelines that are controlled by Gazprom. There was the problem of heat when supply to Europe was cut because Russia had controversy with Ukraine of price issues. Another challenge that the country is facing is on the cost that is to be incurred in the transportation of the Liquefied Natural Gas (LNG) is quite high. This is because the facilities that are required for the processing and loading of the LNG are quite expensive and this would on the other hand pose financial challenges to the nation thereby raising the cost in terms of energy transportation. Another challenge is always on the possible effects if the various energy resources can be exported to the parts of the world. The effects could have direct impacts on the prices of the products as well as the supply of the commodities to the desired markets. In the United States, the transportation of crude oil covers 165000 miles erected pipelines for the task with 95000 miles that also has erected pipelines for the transportation of the refined petroleum products. I tis regards to this transportation it is seen that the crude oil transportation covers 90% while that of refined petroleum products covers 30% (Kim, 2013). Renewable forms of energy Energy is the usually defined as the ability to execute a given amount of work. In this context it is quite clear to say that there are various forms of energy. They include light energy, sound energy, win energy, solar energy, geothermal energy as well as hydroelectric energy. The United States policy centers in three major areas: giving an assurance on the supply of energy in a secure and safer way, subsidizing the costs that are incurred in the consumption of energy by the citizens and above all is on the protection and conservation of the environment. In these various forms, they are again categorized into two: renewable and non-renewable sources of energy (Leonardo, 2012). The renewable sources of energy are the ones that do not get exhausted when they are used. These are: the solar energy, natural gas, wind energy, geothermal as well as water energy. They can therefore be used on and on. Nonrenewable sources of energy therefore get exhausted when they are used and once used they can never be recovered. In normal global phenomenon, it is in many cases quite clear that most of the nations advocate on the generation and the use of the renewable sources of energy compared to the nonrenewable sources. This is because of the merits that are accrued to this type of energy. With regards to the policies therefore, the policies below are therefore deal for the energy issue (Kim, 2013). Nuclear After the surrender of Japan after the World War 2, the Atomic Energy Act was enacted in 1946 which authorized the federal government of Japan the go ahead in the construction of nuclear power plants. The amendments that were made in the Atomic Energy Act in 1954 gave authority to the private sectors to run their own power plants and also led to the formation of the Atomic Energy Commission. The commission was meant to execute two roles which are regulating and controlling the nuclear power plants that are managed and run by the civilians and another role was encouraging people on the consumption and more use of nuclear energy (Kim, 2013). United States has the largest reserve for uranium both in the private lands and the federal lands. On the private lands, the challenge that is faced is on the mineral rights and the surface whereas the federal lands are all about the Mineral Leasing Act. The NRC has been joined by 35 states as members giving the states the mandate to have control over the products of the energy. For the case of the civilian reactors, they had two permit stage system; construction permit as well as the operating licenses. After the Three Mile Island incident that claimed lives of 30 people, there have been amendments and currently, operators have to make application for combined license that is the construction and the operating one. The application is so detailed and it should be consultative involving various stakeholders and agencies and then taken for public hearing and upon validation, it will be in use for 40 years and renewed after 20 years. Again the current reactor regulations in their operating license require all the power plant operators to and supervisors to have the NRC licenses, the required experience, a clear and detailed examination and testing process and finally the operator should be an ex-nuclear navy. Nuclear energy is highly used in the world and 430 nuclear reactor plants operate in 31 nations worldwide (Kim, 2013). Electricity Electricity production in the US is 5.8% hydropower, 2.5% others including the renewables sources.19.4% nuclear, 48.6 % coal, and 21.5% natural gas. 17342 generating sources have been identified by the department of energy. This gives an output of 1087791 megawatts. A large percentage of electricity is owned by private investors, 72% which is six times that produced by cooperatives with the government only owning or producing 14%. Initially electricity production as viewed to be monopolized based on the manner of generation. In 2007, the Energy Independence and Security Act reiterated effective standards on the conservation and efficient utilization of electricity. There has also been financial assistance on the research and development for carbon capture. Electricity is transmitted through interconnections where a line (one utility) is hooked with another utility. Another transmission is through pooling which in simple terms mean the voluntary sharing of electricity among people. And lastly wheeling where a utility gives the other utility (Bram, Hunt, and Kim, 2010). The policy will help in the improvement of the U.S energy policies which will help in the effective utilization of the various forms of energy. The goals of the United States policy are therefore highlighted as shown below: i. Reducing the consumption of energy through the increasing the efficiency of the energy that is produced. This has been in existence for decades since the time of energy crisis in the U.S in the 1970s. with the issue of reducing consumption, there have been various measures that are meant to assist in coming up with the new and better ways to boost the country in regards to reduction in to efficient energy consumption and in low quantities. The Federal research and development programs that is well equipped with the knowledge in energy-efficient technologies that are meant in coming up with new developments in various transducers, that is various electronic and automobiles that use energy in operation to minimize on their consumption and efficiency in electricity consumptions (Kim, 2013). ii. There is also the need to raise the production of the conventional sources of energy with oil being the source of energy in focus within the country. The fact that there have been explorations done in the nation and its true that the oil s found on the federal land has brought a lot of postponement of the drilling process for the production of the oil in the country. Production within would have good effects to the state as they will have to cut the expenditure in the country since there will be less Importation of oil from other parts of the world. The country has done its best in the production of the natural gas and that the major market in the consumption of the most is in the country itself. This is a good measures and move by the company and thereby importing only 5% from Canada. This therefore increases independence in terms of energy (Ibp, 2009). iii. The third goal that the policy has to achieve is on the production of the other forms of energy that also has its major focus on the renewable forms of energy and the fuels that can be renewed as well. The achievement of this kind of diversion in regards to energy production especially the renewable sources has been developed by the research programs, guarantees have also been offered o loan for the use purchase of these forms of renewable sources o energy and even the free tariffs or tax benefits. The nation is also focusing on energy generation though the renewable sources such as the solar energy generation, biomass production which much apathy focus on so much, the geothermal energy production and also the photovoltaic energy production (Kim, 2013). International energy policy On the international energy policies, IRENA was formed in 2009 and it has a total membership of 82members. 30 come from Africa, 27come from Europe, 17 come from the Asian continent with 8 from Latin America. The statute of Agency is the governing document. The organization r rather commission describes renewable energy as using the ones listed; solar, wind –onshore or offshore, geothermal, tidal and wave energy, biomass, hydropower, and the coming forms of energy such as the osmotic form of energy.in the formation of IRENA, the core aims were to: i. To secure the supply of energy among the member states. ii. To protect the environment as well the climate. iii. To stimulate economic growth regionally as well as extending the growth to the other parts of the world. iv. To promote regional development. v. To encourage social cohesion among the member states and promoting good relations too. In the effective achievement of all these aims, IRENA wishes to do more research and offer more advisory services on project financing. It is also giving advice to the member states on the energy policy and also improving the knowledge of the member states on how to share or transfer energy as well as data and communication exchange. It is important to highlight that the Environmental Protection Agency (EPA) may not be in a position to control the emission of carbon dioxide that is under the Clean Air Act. This is because the carbon dioxide has to be highlighted as a criteria pollutant. In this regard, a criteria pollutant is on which can result into the negative sides to the environment. This can be realized from the effects uh as the corrosion of the gas, formation of acid rainfall as well as other effects to the health such as the respiratory problems and breathing difficulties. The reasons why carbon (iv) oxide cannot be regulated easily unless seen as a criteria pollutant is the fact that there are programs that are done by the various companies and industries in the capture of this gas from the exhaust pops systems. One major method is being applied here is the post combustion process that taps the gas through the process of distillation from the exhaust pipe thereby not releasing the gas to the atmosphere. After the capture, the carbon dioxide is compressed and stored for other uses later like the extinguishing of fires among others. All these revolve around the positive sides of the gas thereby labeling it as a criterion pollutant is not quite easy (Kim, 2013). Again the Clean Air Act is not appropriate here since the gas is not emitted to the atmosphere and therefore there are not smog that are caused by the gas, there is no acid rain or any other health effect that the gas is causing to the people and the property around them as well as the species of organisms that are in the areas in question. In a nutshell, the gas can only be said as a criterion pollutant if it harms the environment but the adverse effects of the gas have been regulated through the various practices that the companies have involved themselves in. apart from the capture of the gas, it is important to recognize the efforts that the companies are putting such as the installation of the carbon absorbers in the chimneys of the various factories that are operating so that the carbon that is released is liquefied and can be of no adverse effect to the surrounding (Kim, 2013). There are several executive branch agencies that are concerned with have jurisdiction over the drilling. The Bureau of Land Management is one of the agencies that are concerned with the issue at hand. This is the internal federal department that is concerned and charged with the role and duty of issuing and disseminating oil drilling activities in the state. It works with another department of Minerals Management Services (MMS) that is charged with the role of managing the mining activities on the exterior shores of the continental shelf which is assumed to be 3 miles or more than that from the shore of the continental margin (Kim, 2013). However, these two departments are affected by the actions of other agencies such as the United States Army of Corps. This is one agency that works parallel to the two departments and also gives out licenses to the individual companies that are also drilling or dredging process as well as occupying the various voids that are left in the waters of the North Slope or Alaska. This is actually the area that has been identified to be a critical wetland in the continent. The Environmental Protection Agency (EPA), the Department of Commerce’s National Marine Fisheries Service (NMFS) and Fish and Wildlife Service (FWS) are the interior departments that are again in the fore front for the provision advisory remarks to the agencies for the efficiency in the evaluation process on oil reserves within the continent and the area in question. One major factor that must be brought to the attention of the people is that the Environmental Protection Agency has got total control over the corps so they have to adhere and be submissive to every word that comes from the agency (Bram, Hunt, and Kim, 2010). In this context of protecting the miner safety, there should be heavy criminal as well as the criminal penalties that are fined to the coal mine operators who are violating the law. In the protection of the law, failure to pay the fine should therefore lead an individual to 10 years imprisonment. The law requires serious amendment especially the H.R which should as well be well heightened to help in the protection of the refuge and even the case or violations that are made by the lessee. The Mineral Leasing Act (MLA) should be given enough support that it deserves from all he sectors in the law so that the Act is executed well. That to mean, the HR and the MLA should work in collaboration so that the overall aim is achieved by the end of the day. The penalties should incorporate a lot of Acts if violated by the lessee. These can include the Acts such as the Clean Air Act among other Acts (Leonardo, 2012). Conclusion i. In column, it can be noted that there should be amendments on the laws or policies of the country concerning energy and the environment. This will b quite ideal as the people will develop to be more environmentally cautious and also friendly as most people will tend to use more renewable source of energy. When the people are educated and trained on energy issues then the adoption of the consumption of renewable sources will be high and this will make United States to be quite independent in matters to energy and a lot of exploration will be done to come up with more private investors generating power ranging from the nuclear to the natural gas. Again there should be various ways to curb pollution as a result of the energy generation process to reduce the emission of the various toxic gases into the atmosphere. This will be a good move to protect the citizens as well as the organisms from health problems. Preventing issues to do with the acid rainfall and even respiratory diseases that are caused as a result of the too much inhalation of the gases (Ibp, 2009). References Bram D., M,. Hunt, and Kim T., EU Energy Law and Policy Issues, Euroconfidentiel, 2010 Elizabeth B., W. Waelde, and Janeth W., International and Comparative Mineral Law and Policy: Trends and Prospects, Kluwer Law International, 2005. Ibp, U., India Energy Policy, Laws and Regulations Handbook, Int'l Business Publications, Mar 20, 2009. Kim, T., EU Energy Law and Policy: A Critical Account, Oxford University Press, (2013). Leonardo, M., European Climate and Clean Energy Law and Policy, Earthscan, 2012 Mustafa, E., International Energy Investment Law: Stability Through Contractual Clauses, Kluwer Law International, 2011 Read More